Dec. 14, 2005

Congressional Presentation to Manchikanti

At the ASIPP and Pain Management Center of Paducah annual staff Christmas Party last Friday evening, Rep. Ed Whitfield made a special appearance and presentation to Dr. Manchikanti to honor his critical role in the inspiration, creation, and ultimately the passing of NASPER into Public Law 109-60.  Rep. Whitfield presented Manchikanti with a plaque including a certified copy of the NASPER bill containing the Aug. 11, 2005 approval stamp and congratulatory signatures from President George W. Bush; Speaker Pro Tem Tom Davis; Acting Senate President Pro Tem, John W. Warner; Sen. Richard J. (Dick) Durbin (D-IL); Sen. Jeff Sessions (R-AL); Rep. Ed Whitfield (R-KY); and Rep. Frank Pallone (D-NJ).

Personal sentiments included:

“Thanks for your leadership on this important issue. Without your involvement, we would not have succeeded.” – Ed Whitfield

“Thanks for your hard work.” – Jeff Sessions

“Well done…” – Dick Durbin

“You are remarkable for this bill becoming law. I’ve never met anyone who worked harder.” – Frank Pallone

Additionally, Whitfield presented Manchikanti with a Congressional Record of Recognition stating, “NASPER, which is now Public Law 109-60, would not have been possible without the leadership provided by Dr. Manchikanti and ASIPP. I’m confident that the enactment of NASPER will give physicians and patients an additional tool to help reduce the number of Americans abusing prescription drugs.”

Dr. Manchikanti identified the need for a national equivalent to the Kentucky All Schedules Prescription Electronic Reporting System (KASPER) to enable doctors to determine if their patients had been prescribed a controlled substance in other states. In an effort to address the issue, Dr. Manchikanti and the American Society of Interventional Pain Physicians (ASIPP) proposed legislation creating a national monitoring system giving physicians in all states to access to the controlled substance prescription information of their patients, no matter where the prescriptions were filled.

Visit  the ASIPP web site for more information on NASPER …http://www.asipp.org/NASPER.htm

Persistence Pays Off

On Dec. 2, 2005 Steve Bradley, Chief of the Bureau of Comprehensive Health Services, of the Illinois department of Healthcare and Family Services, announced in a letter addressed to Laxmaiah Manchikaniti, MD, a revision in the ambulatory procedures listing (APL) that will re-assign the procedures to correct reimbursement groups.

This announcement comes in response to an Oct. 25, 2005 written request by Dr. Manchikanti, asking Anne Murphy, Administrator of the IL Dept. of Public Aid, Medical Programs Division, to reconsider a number of interventional pain procedures on the Medicaid Fee Schedule list. The department added all eight of the procedures requested and 25 procedures were moved into a new reimbursement group.

“This is a big victory for us,” said Dr. Manchikanti. The revised APL listing, which goes into effect on Jan. 1, 2006, shows that involvement and persistence pays off.

To read the correspondence visit the ASIPP web site or following the link…

ILL Medicaid Fee Schedule Change

Louisiana State Board of Nursing Decision to Authorize CRNA’s to Practice “Pain Management” Procedures is Challenged

Legal action is being taken in response to a ruling by the Louisiana State Board of Nursing that authorizes certified registered nurse anesthetists (CRNA) to practice “pain management” procedures. The Nursing Practice Committee recommended that CRNA’s be authorized “to perform pain management procedures including but not limited to peripheral nerve blocks, epidural injections and spinal facet injections.”

The law firm of Keogh, Cox & Wilson, LTD., on behalf of The Spine diagnostic Center of Baton Rouge, Inc., has initiated injunctive relief with the 19th judicial District Court and, have filed a Petition for Declaratory Statement or Advisory Opinion on Nursing Practice with the Nursing Board. An additional petition seeking a repeal or amendment of the Board’s most recent decision should be filed with the board in the near future.

Read the letter of notification on the News Alert section of the ASIPP web site …

State Eligibility Requirements for Federal Funding Under NASPER

The new NASPER law, which the President signed on August 11, 2005, provides funding for states who have a Controlled Substance Monitoring Program (CSMP) in place or who want to upgrade their current program. Each state operating an authorized monitoring program would be required to cover Schedule II, III, and IV drugs. Some of the requirements that a state must meet in order to be eligible for federal funding are set in the statute. Other criteria will be determined through regulations promulgated by the Secretary of Health and Human Services (HHS).  Read more of the Regulations set by the Secretary…

NASPER House and Senate Reports

The Energy and Commerce Committee in the House of Representatives and the Health, Education, Labor and Pensions Committee in the Senate have filed their reports on the NASPER legislation. These reports are often referred to by the courts and government agencies as they seek to implement the legislation. Additionally, in the case of NASPER, these reports are helpful to state officials in understanding what steps are necessary in order for the state to be eligible for federal funding of a Controlled Substance Monitoring Program (CSMP). These Committee Reports are now available through the ASIPP web site… NASPER Committee Reports

Plan to attend March Cadaver Workshop

Plan to attend the March Cadaver course now. Visit the ASIPP web site to see preliminary itinerary and course information… March Cadaver Workshop

8th Annual Meeting Legislative Session and Legislative Speakers

On June 24-28th ASIPP will hold its 8TH Annual Meeting and Legislative visits in Washington, D.C.  In addition, approximately seven congressional leaders will speak on Tuesday in the Cannon Caucus Room 345 on Capitol Hill. This will be an informative and exciting event and we encourage you to register early. Visit the ASIPP web site for more information:  http://www.asipp.org/meetings.htm

Register Online for Chicago

Online registration is now available for the Intensive Certification Review Course and 2006 Competency Certification Exams which will be held in Chicago on May 4-8. Visit our web site and sign up today… Registration

Does Your State Have CAC Representation?

Twenty-two states have IPM representative on their Carrier Advisory Committees. If your state is not one of them, your state Society of Interventional Pain Physicians can nominate a representative now, following the CMS mandate last March. See details, plus a sample nomination letter, on our web site at: http://www.asipp.org/CAC.htm

Menendez Appointed to Serve as Senator from New Jersey

Gov.-elect Jon Corzine announced last week that he would appoint Democratic Rep. Robert Menendez to serv. The remaining year of his Senate term. When Corzine is officially appointed in Jan., he will become the third Hispanic in the Senate and New Jersey’s first minority senator. Corzine will be sworn in as governor on Jan. 17, after which time Menendez will officially take office.

Menendez, a 51-year-old lawyer, grew up in Union City and was the first member of his family to attend college. Menendez is a first-generation American, his parents having left Cuba before he was born. Menendez pledged to serve the interests of working families and called for affordable health care and middle-class tax breaks.

Menendez is not unknown to ASIPP. Members met with Menendez last Sept. at the 7th Annual meeting and legislative visits. ASIPP hopes to continue this relationship as Menendez begins his term in the senate

ASSIP New Jersey member Kenneth Zahl, MD, with Sen. Menendez last Sept. during the 7th Annual meeting and Washington visits.

Two Articles ‘Highly Accessed’

More than 6,000 people have accessed the article on a randomized, controlled trial of spinal endoscopic adhesiolysis in chronic refractory low back and lower extremity pain, earning it a “highly accessed” flag on BioMed Central’s online journal, Anesthesiology. The article, authored by Laxmaiah Manchikanti, Mark V. Boswell, Jose J. Rivera, Vidyasagar Pampati, Kim S. Damron, Carla D. McManus, Doris E. Brandon and Sue R. Wilson, has been on the web site since Aug. 1. The “highly accessed” graphic appears on the journal’s table of contents and search results to identify those articles that have been especially highly accessed, relative to their age, and the journal in which they were published. See it at: http://www.biomedcentral.com/bmcanesthesiol/

Also “highly accessed” on BioMed Central’s Musculoskeletal Disorders online journal site is the May 2004 article “Prevalence of facet joint pain in chronic spinal pain of cervical, thoracic and lumbar regions” by Laxmaiah Manchikanti, Mark V. Boswell, Vijay Singh, Vidyasagar Pampati, Kim S. Damron and Carla D. Beyer.  Musculoskeletal Disorders has been accessed by more than 17,500 people. See: http://www.biomedcentral.com/1471-2474/5/15

Police: Elderly Sell Pain Pills for Cash

Reported as national news, the Kentucky Associated Press wrote about an elderly Appalachian woman who was arrested for selling her pain medication. The article addressed the ever-growing issue of fixed-income elderly reselling their painkillers and other medication to supplement their income. But task force officials argue that the phenomenon may be, for many, more about lifestyle and culture than about financial hard times. Read the CNN.com story at…Elderly sell pain pills for cash.

Physicians Push for Medicare Pay Relief Goes Down to the Wire

The American Medical News reported recently that CMS is pressing for two years of increases to physicians but seeks to link them to participation in its voluntary quality reporting program. AMA Board Chair Duane M. Cady, testified before a House subcommittee, telling lawmakers that doctors need two years of Medicare pay increases to reflect growing practice costs. Subscribers can read the full story along with the following American Medical News stories at...www.amednews.com

Other stories in the Dec. 5 issue:

Illinois drug import program falls flat with doctors: Lack of information and safety concerns about Illinois Gov. Rod Blagojevich’s “I-SaveRx” program deters physicians from recommending it to their patients.

The program is the nation’s first state-sponsored program that purports to not only helps patients order low-cost prescription drugs, but also ensures the medications’ safety and quality.

Although the program has gained some momentum and much national publicity, physicians’ support for the program appears to have declined. Patients’ complaints of difficulty with the program are also a major factor in the declined support.

Law at stake in Minnesota: Physicians fear Minnesota’s peer review statutes could be diminished if the state’s court of appeals recognizes a medical liability plaintiff’s negligent credentialing claim against a hospital.

The powerful peer review system, established 30 years ago, provides confidentiality protections for hospitals and doctors who participate in discussions involving discipline or credentialing. But the system is being challenged in a medical liability lawsuit that targets a pair of surgeons and the hospital that granted privileges to the admitting physician.